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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Insurance Company's Failure to Prove Policy Cancellation. Dishonour of Cheque for Premium Does Not Automatically Terminate Insurance Contract Without Proper Notice to Insured and Third Parties.

The appeal was filed by the original claimants under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the judgment of the Motor Accident Clai...

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Bombay High Court Dismisses Petition for Letters of Administration Due to Lack of Jurisdiction and Non-Compliance with Probate Requirements. Petitioner failed to establish that the deceased was domiciled in India and that the will was validly executed under Indian law.

The petitioner, Hameed Jaffar Ahmed Ibrahim Mandeel, filed a Miscellaneous Petition under the Testamentary and Intestate Jurisdiction of the Bombay Hi...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

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Bombay High Court Grants Probate of Will in Testamentary Suit, Upholds Execution Despite Handwritten Additions and Suspicious Circumstances. Propounders Discharged Burden of Proof Under Section 63 of Indian Succession Act, 1925 by Examining Attesting Witness and Explaining Circumstances.

The plaintiffs, Kirit N. Damania and Shantaram V. Pikale, executors named in the Will of Shashikala Baburao Alandkar, sought probate of the Will dated...

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Gujarat High Court Dismisses Insurance Company's Appeal in Hit-and-Run Motorcycle Accident Case — Upholds Compensation Under Section 163A Motor Vehicles Act. Insurance Company Liable Even When Offending Vehicle is Unknown as Per Strict Liability Principle Under Section 163A of Motor Vehicles Act, 1988.

The case involves two first appeals filed by Tata AIG General Insurance Co. Ltd. challenging a common judgment and award dated 05.10.2024 passed by th...

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High Court of Karnataka Enhances Compensation for Death of Minor in Motor Vehicle Accident, Reduces Negligence from 25% to 10%. Minor Pillion Rider Cannot Be Attributed Contributory Negligence Under Motor Vehicles Act, 1988.

The appeal was filed by the claimants, parents of a minor son aged about 4 years who died in a motor vehicle accident. The accident occurred when the ...

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High Court of Karnataka Dismisses Appeals by NWKRTC in Motor Accident Claims, Upholds Tribunal Awards with Enhanced Compensation. Contributory Negligence of Bus Driver Established, Insurance Company Liable to Pay Compensation with Right to Recover from Owner.

The judgment involves multiple appeals filed by the North-West Karnataka Transport Corporation (NWKRTC) against the awards of the Motor Accidents Clai...

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High Court of Karnataka Allows Owner's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Breach of Policy Conditions. Owner's Right to Recover from Insurer Upheld Under Section 149 of Motor Vehicles Act, 1988.

The appellant, owner of a tipper lorry, appealed against the judgment and award dated 03.10.2018 passed by the Additional Senior Civil Judge and Membe...